Ma. Rozelle M.

Dela Cruz
Written Report (Chapter 12)
After discussing labor relations where we learned about employee misconducts and discipline or
infraction cases. I will now discuss on how the organizations handle these kinds of incidents.
When an employee shows cases of misconduct, there are steps that supervisors and managers may
take to help the employee. But first let us define what misconduct is, misconduct is a behavior or activity that
is illegal or morally wrong, yet usually misconduct means a person simply exhibiting bad behavior or breaking
the rules, in this case breaking company rules. Let us give an example so everyone ca fully understand, here at
our school TIP breaking our dress code, smoking in school premises, and typically just not abiding to our school
policies.
Everyone must remember, even though there are some misconduct that are universal, meaning those
illegal and morally wrong doings. One must remember that some rules regarding misconduct differ from every
organization. A simple example, when I transferred here in TIP from PUP (The Polytechnic University of the
Philippines) rules of misconduct here differ or may not even be considered as a misconduct in PUP, for
instance here in TIP students are prescribed to wear proper school uniform or during Wednesday there is still
a dress code, while at PUP you can wear shorts, slippers or sando and be allowed to enter the university and
attend your classes, but some professors dont allow shorts or some programs do require uniforms. Another
example, TIP is a smoke free premises, but in PUP smoking is allowed in the university premises.

Now let us discuss the steps in addressing employee conduct problems.

ADDRESSING EMPLOYEE CONDUCT PROBLEMS

First, is to discuss any misconduct problems directly with the employee. Every supervisor must be open
minded and be considerate to their employees. Just like in our homes when we are being scolded by our
parents we are not kid anymore so we want them to of course listen to our side of the story and give us a
chance to explain and for them to carefully listen and consider what we have to say. Now, a supervisor like the
parents of the employees in the organization. The supervisor must directly discuss the problem to the
employee, meaning of course he must be considerate to the employee by giving them an opportunity to
explain and for him to carefully listen to the employees side.

Second, is to clearly explain the expectations to the employee and review the company policies where the
employee is exhibiting problems. Again, using my comparison from the first step, when were being told by
our parents it is usually a long frustrating process for us, and here comes their expectations, and thats when
we only hear blah, blah, blah, and blah but as we are not kids anymore we really do need to listen. And in the
corporate world this is similar, a supervisor must clearly explain what they expect from the employee after
discussing their misconducts, if not clearly explained the employee may repeat the misconduct, and the
supervisor must also review to the employee the policies, rules and regulations, emphasizing where the
employee is having problems and clearly pointing those out may drive the employee to not repeat the
incident.

Third, is to develop a plan with the employee to help improve misconduct but only if this is applicable.
Everyone here has at some point or maybe every single day experience our parents telling us what we should
do and what we shouldnt do, especially after we do something wrong and of course sometimes they develop
a kind of plan for us to follow to avoid wrong doings. A supervisor in an organization must be able to oversee
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the employee, he can develop a plan for the employee to avoid and improve misconduct and if suited the
supervisor can set limits for the employees development and clearly explain the misconducts consequences.

Fourth, is giving the employee periodic and specific feedback. As a kid we all experience our parents going on
and on and on again on how were doing, on what we did, what they expect we should do, and what theyll do
if we do it again. Yes, sometimes it may become irritating but we must always remember that they have our
best interest in heart. Again, a supervisor oversees his employees, he can give regular and specific feedback to
help in the development of the employee. The supervisor must be firm and forward on what improvements
he expects from the employee and of course to always tell the employee that he can take further steps if the
employee doesnt show improvement.

Lastly, if the misconduct continues the supervisor can choose to orally admonish the employee, meaning that
the supervisor should feign a strong message of disapproval to the employee and point out that if similar cases
of misconduct continues, itll lead to a more formal action. When being punished by our parents from our
repeated and continues wrong doings and especially when we really are getting on their nerves, thats when
they taunt us that theyll confiscate our phones, no computer for a month or two, even decrease our
allowances and sometimes they even taunt us that theyll throw us out. All those things are examples on how
our parents orally admonishes us at home, on the other hand it is somewhat the same when supervisors
orally admonishes their employees, but of course here the supervisor uses the companys policy to admonish
the employee, for example are demotions, suspensions and dismissal or termination. If after all those informal
actions and still misconduct continues, the supervisor with consultation or approval of the HR, may decide to
formally discipline the employee. In our case, that when our parents confiscate our phones, decrease our
allowances, or in short they ground us until they think that weve learned our lesson.

After discussing the steps in addressing employee conduct problems, well now discuss the approaches
to discipline. When an employee violates company rules it can be handled in different ways and according to
our book, it can be handled in 6 different ways.

APPROACHES TO DISCIPLINE

Hot Stove Rule by Douglas McGregor
The first approach is the Hot Stove Rule by Douglas McGregor, here the approach to discipline is
discussed in relation to what happens when one touches a hot stove. And these consequences are:
Number 1. A warning system, in every stove on our houses our stoves have warnings printed on the
boxes and on its manual to avoid any injuries or accident that if not handled properly a person can burn
themselves or can start a fire. Now, just like our third step in addressing employee conduct problems, a good
supervisor or manager must of course communicate to the employee the consequences of misconduct. But
the difference here is that these consequences of misconduct are communicated before any kind of
misconduct occurs to warn the employees.
Number 2. An immediate burn, if after all the warnings that youll get burned if you touch a hot stove
and you still touched the hot stove, youll immediately feel the outcome of your stupid act. Youll feel the
immediate burn. And in approaching discipline, a supervisor must discipline its employee immediately after
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the misconduct occurs so that the employee or person strongly see the firm connection between the act and
the discipline or its consequences.
Number 3 is Consistency. A hot stove can burn not only you for it has no exemptions, and itll burn
every person whos stupid enough to touch it. A supervisor mustnt have a favorite, more so there is no
favorite of any sorts when it comes to enforcing discipline to any employee who has done a similar
undesirable act.
Number 4. Impersonal, by the meaning itself discipline should not be influence by personal feelings.
When you are burned by a hot stove, it not personal of course for its an inanimate object. In relation, doing a
disciplinary action to an employee it must be directed against the misconduct or act but not the person itself.

PROGRESSIVE DISCIPLINE
Next is the Progressive Discipline. By progressive we mean it is increasing in extent or severity.
Progressive discipline is to impose and build a discipline program that progresses from gentle to hard
punishment. This is enforced by most employers. So, discipline is administered through a sequence of
penalties or punishment and each penalty is slightly more severe than the previous one to instill into the
employee an opportunity for self-correction to avoid further violations. A good example of this our schools
student retention policy, that if a full-time student fails 50% of his registered units, he shall be placed into
academic probation, where there are three probation status. First probation status where 3 units less from the
previous semester or 9 units. Same for the second probation status and also for the third probation. The
student will also be referred to the program guidance counselor. And a student under the third probation
status still fails at least one course shall no longer be readmitted in the succeeding term. And here we must
remember that in any disciplinary system, one must formally record what the policy is, and when and what
action was taken. Alike here in TIP, OSA ensures that every student violations or misconduct are recorded.
Every employer must secure that the rights of employees are not violated, so progressive discipline
must have due process. Meaning that procedures were taken to safeguard that the employee was treated
fairly and just to prevent outbreaks from the labor sector. Some examples of these major requirements for
due process are: presumption of innocence until proven guilty and of course that punishment or penalties fit
the violation.

POSITIVE/CORRECTIVE DISCIPLINE
Third is the Positive/Corrective Discipline. Based on what Ive researched, Positive Discipline is a
program based on the work of prominent psychologists Alfred Adler and Rudolf Dreikurs, and designed this to
teach young people to become responsible, respectful and resourceful. As you may have noticed, almost every
school weve went to, may it be in elementary, high school and even now at college positive/corrective
discipline is used, it focuses on the positive points of behavior, based on the idea that there are no bad
children, just good and bad behaviors. As the corporate world start to embrace this discipline, the goal is to
guide the employee to correct performance or behavior by identifying the problems, causes and solutions, and
not to punish the employee. Here, instead of warning employees about the consequences of their actions, we
remind employees of the standards and ask for their agreement to solve the problem like coaching and
performance appraisal where you guys are already familiar from previous chapters. Now, if the employee has
not made an improvement or if misconduct and unsatisfactory performance persist, corrective action may be
appropriate. Corrective action must be executed in consultation with the HR.
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Written Report (Chapter 12)
Positive/Corrective discipline just like the other approaches this involves a number of formal steps that
increase in severity. The first step is oral reminder where a meeting between the supervisor and the employee
is done to discuss the problem. This in an informal meeting and will not be recorded, yet the supervisor must
tell the employee the reason behind the rule that has been violated and tells the employee that specific
changes are required, and gives confidence that the employee will correct the problem and the expectation
that no further action will be needed. If problem continues we move on to the second step, written reminder,
where the supervisor again talks to the employee seriously, but without threats of punishment. Here, the
supervisor tells the employee what is expected and asks the employee to confirm that he understands what
changes to be made. At the end of the discussion, the supervisor is to tell the employee that the discussion
will be recorded in his employees file. The third step, decision-making leave, unlike other approaches where
the next step is suspending the employee, in this approach, the supervisor tells the employee to take a kind of
day-off to take time to make a final decision as to whether he can meet the organizations standards. The
supervisor must remind the employee that they want to keep him but, as a productive employee, and that the
decision is up to that employee, also if further misconducts occur will lead to termination. After the leave day,
the employee must report to the supervisor to give his decision, whether hell continue in the company and
change his behavior or permanently leave the company.

NEGATIVE APPROACH
Next is the opposite of Positive Discipline which is the Negative Approach. This approach focuses on
the punitive effects of misconduct. Meaning the goal of this approach is to punish the employees for
misconducts, mistake even poor performance, to the mildest form of punishment to the most severe. This is
to remind the employees on the consequences of misconduct or wrong doings. In our homes, this is
sometimes used by our parents. When we are misbehaving and our parents are in a bad or unforgiving mood,
will lead to some kind of punishment but of course some studies show that this kind of approach in disciplining
kids are not highly recommended, where kids will only perform to avoid punishment and usually unmotivated
to perform well. Again, back to the corporate world, the downside of this approach is that the employees try
to follow the policies and rules out of fear. Unlike the positive approach to discipline where employees are
heartily motivated to improve, here, employees are at an unfavorable state that cause them frustration and
will result to low morale.

PREVENTIVE DISCIPLINE
The fifth approach is Preventive Discipline. Preventive Discipline from the word preventive meaning its
goal is to keep something from occurring. To prevent conduct problems, careful planning and smart
administration is key. Planning in such a way to avoid the rise of conduct problems. As one learns what he
practices, it is well to prevent misbehavior or misconduct. This is more of a can-do in terms of approaches
since it helps the employees to avoid misconducts, by letting them know firsthand that the rules and
regulations are. A good example of this is the orientation we attended on our first year here in TIP, for me it
was last semester for Im a transferee. Anyways, some parts of the orientation where rules and regulations of
our school are discussed to prevent students in breaking these rules.

COUNSELING APPROACH
Lastly, the Counseling Approach. Counseling Approach is the discussion or assistance and guidance in
resolving personal, social or psychological problems and difficulties with an employee, with the general goal of
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decreasing it rather than punishing or penalizing the employee. This can be done by both, the managers and
the professionally trained counselors. Here at school this is somewhat enforced, when a particular student has
a problem, the school convey help to the students by counseling. So, if you guys are having some emotional or
difficulties the guidance can give assistance. Now, back to the corporate world, this approach will undertake
three offenses. First offense is where the employee is given a private discussion with the counselor or
supervisor. In the second offense the supervisor will call for a corrective approach, now as I have already
discussed that corrective or positive approach you get the idea on the second offense. But still the misconduct
continues, on the third offense, calls for the evaluation of the whole management layout, giving point that the
problems maybe on the system itself. The target of this approach is somewhat similar the positive approach
where desirable behavior is encouraged by guidance and fact-finding instead of using punishment or penalties
to discourage undesirable behavior.


ELEMENTS OF A DISCIPLINARY PROGRAM
As we are finished with the Approaches to Discipline, let us now discuss the elements of a Disciplinary
Program. Now, like any other programs, approach or plans, for it to be effective, comprehensive and
successful one must contain some elements. Here in particular are the elements to build a successful
disciplinary program.
One element is the Code of Conduct. In every school, there is a disciplinary program, and in every
school there is the Code of Conduct which is the student handbook. Here in TIP, our newly revised student
handbook were just released just last month. This handbook is important for every student to know what is
accepted and unacceptable behavior in the school premises. Its the same for any company, every employee
must be given a handbook explaining the policies of the company to impart again just like on our student
handbook, what is an acceptable and unacceptable behavior.
The second element is the Knowledge of disciplinary punishment. Some of you here have been in TIP
for quite some time, and of course most of you have an idea on what punishments or penalties are enforced
here at school for certain offences or misconduct. Usually here, when we violate a school policy our I.Ds are
confiscated. Now, for a disciplinary program to be effective in the workplace, employees must know or be
aware of the penalties that would occur with certain offenses, meaning these penalties must be of general
knowledge.
Three. Appeal procedure, is where one must have an opportunity to defend or explain their side of the
story. Again, here at school, when a violation has been done and your I.D has been confiscated, for you to be
able to claim your I.D you must first talk to someone at OSA and explain your side, which is justly and fair. That
is appeal procedure where you make an appeal. In the workplace, employees should, or have the right to
explain their side of the story. Just like in the progressive approach, every corrective action must be made with
due process.
Four. Reservation of right. Reservation of right is a statement that is held under a contract that the
company or organization is deliberately retaining their full legal rights, as to warn others of those rights. This is
to avoid later claims that one waived legal rights that were held under the contract. And this entails that the
company has the right to modify the policy.

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And as for the last element which is fair discipline. Here, as I said earlier if you guys remember
consistency from the Hot Stove Rule where in discipline, there mustnt be any biased way, the rules and
regulations must be applicable to all employees, no exemptions, no favorites and no biased judgment.


Of course in making a disciplinary program, it should contain the following steps in the disciplinary
process.

The Disciplinary Process

As I have discussed in the progressive Discipline Approach, each penalty or punishment must be in
increasing order, meaning from gentle to hard punishments for misconducts. Now, this is applied into making
the disciplinary program because the disciplinary action taken becomes increasingly severe.
As you will notice, some of these processes are already mentioned in my previous discussions. So well
backtrack to some.

Mostly all of the approaches we discussed started with the informal talk with the employee. And so, I
think you all know the first process which is Informal talk, this may occur if there is only a minor incident or
misconduct. The supervisor will privately warn the employee for the misconduct.
Second is the verbal warning. Here it is a simple comment by the supervisor reminding the employees
of the consequences of certain actions that are not acceptable. This is a kind of reminder to the employees on
what is expected from them and what theyre doing is wrong. Usually we will experience this at home, all of us
have experienced simple comments from parents about our laziness, grades and so on. This is usually used for
minor offenses like at home, may it be laziness, tardiness and the like. This warning is not documented in the
employees personnel file.
Third is a verbal reprimand. As you may remember in addressing employee conduct problems this is
part of the fifth step. As Ive discussed, this is where the supervisor will orally admonish the employee feigning
a strong message of disapproval for the misconduct and that if the employee will not improve will lead to a
formal action. The goal of this third process is so that the employee will be encouraged to correct the problem
and commit to improve behavior. Reprimand must be conveyed firm and strong, this can be in the form of
constructive criticism. This process must be documented by the supervisor, so that if misconduct continues,
the reprimand will be necessary for due process.
If misconduct continues comes the fourth step, which is the written reprimand. From the title itself
meaning written, the misconduct or incident is recorded with the description of the misconduct and the
penalties. The supervisor summarizes what has been discussed and decided by both he and the employee.
This is most crucial to the employee for this in included in the employees personnel file or his 201 file for
future use. This is a hindrance for erring or stray employees, since most companies do background checks by
looking at previous employment records. One must remember that this reprimand must be signed by both the
supervisor and employee, feigning a strong message to the employee the consequences if he does not change.
These next processes are somewhat the consequences of erring employees that just doesnt change,
these are punishments. Suspension as the next process is the first and can be considered moderate compared
to other punishment Ill discuss later. If the employee still continues misconduct after the written reprimand,
suspension is enforced. Suspension is a common practice in the workplace for being in violation of an
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organization's policy, or major breaches of policy, where the employee is not allowed to work for a period of
time with his compensation diminished accordingly. Generally, suspensions are presumed most effective if
the employee remains unpaid. This is done to establish a strong message in the seriousness of the misconduct
to the employee and to remind again to the employee that appropriate behavior is needed in the workplace.
Suspensions are tracked, and any number of them, even one may prevent from receiving raises, bonuses and
promotions. The length of suspension should be considered relating to the severity of the violation. It is
important that both the supervisor and HR fully document the incident from why it lead to suspension, to
what action to be taken next.
If the employee is somewhat still valuable to the organization, before considering termination or
dismissal, the sixth process may be enforced. Demotion, is a compulsory lowering of the employees job rank
or status. But, this can be voluntarily at the request of the employee if he doesnt want to be terminated,
sometimes called deployment. A demotion is used in many ways by both organizations and employees. In the
case of organizations, it is a disciplinary action to not immediately terminate an employee. In a voluntary
demotion, the employee frequently adjusts his job to match the current needs of his life. This will only occur if
it does become necessary to use against the employee.
The final step in every disciplinary process is the discharge, dismissal, or termination. All these three
are the same. If all approaches to discipline fails to help and correct the employees behavior, particularly in
progressive discipline this will result to termination. This is where the employer ends the employees
employment. But of course before one can terminate an employee, it must follow due process where all facts
have been gathered and considered. I will discuss that further in the next topic. Yet, there are alternatives to
termination like the sixth step which is demotion and transfer which is the shift of employees to one job to
another. These can be considered in enforcing disciplinary actions rather than termination.

Again as termination or dismissal is the most drastic measure an organization to make against an
employee. It is important to make sure that sufficient cause to exist for it to be implemented. Meaning there
must be lawful and valid grounds before it is enforced, and that all the means to correct and help the
employee rehabilitate has been done have failed.


ARTICLE 282

As I mentioned earlier, I will now discuss the just causes under the Philippine Labor Code. This is found
in Article 282 Termination by Employer and these just causes can be enumerated by the following.
One. Serious misconduct. Serious misconduct is a willful disobedience in character of the employee,
meaning the act was intentional, so the employee is aware in what he is doing and this act is of such severity
in nature that violate some established and definite rule of action in relation to the employees work. But this
doesnt necessarily mean that the act or misconduct of the employee is out of malice or any kind of evil intent.
To be easily understand let us enumerate the elements. First is obvious that the misconduct must be serious.
Second is that it must relate to the employees work or duties and lastly, these must show that the employee
has become unfit to continue working for the employer.
Two. Gross and habitual neglect of duties. First is to define gross negligence, some you have taken up
LAW, and are familiar with the word negligence, this is defined as the want or absence of or failure to exercise
slight care or even the entire absence of care or diligence. This is where the employee displays reckless
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disregard of consequences and do not even exert effort to avoid them. But in order to establish a just cause
for dismissal, the neglect of duties must not be only gross but also habitual. Here, habitual neglect implies
repeated failure to perform the employees obligated duties for a period of time. Some examples are habitual
absenteeism and tardiness, these constitute to gross and habitual neglect.
Three. Fraud or willful breach of trust or simply loss of confidence. Fraud is any act of omission, or
concealment that involves breach of legal duty, trust or confidence justly damaging to another, or in this case
to the employer. This simply means that the employee intentionally violated his employers trust, or again the
willful breach of trust. But then again, in order to establish a just cause for dismissal one must remember two
elements. First is that fraud or breach must be related or in connection to the employees work or duties.
Second, the employee must hold position of trust and confidence. The usual presumption for dismissal on the
ground of loss in confidence is that the employee hold a positions of trust and confidence, in the breach of
these will result the employers loss of confidence in the employee. These usually applies when the employee
is occupying managerial positions where the employee is somewhat in charge with the employers money,
property and the like.
Four. Commission of crime or offense. This simply implies that the commission of a crime or offense by
the employee against his employer or any immediate member of his family or his duly authorized
representative, is a just cause for termination of employment.
Five. Analogous causes. Lastly, other analogous to the previous grounds may also be a just cause for
termination of employment. Analogous is that it is similar in certain aspects to the just causes that I just have
previously discussed. Some examples are, abandonment of job which is a form of neglect of duties, disloyalty
or conflict of interest and dishonesty.

DUE PROCESS
Let us now move on to due process. Before terminating an employee for just cause, the employer must
observe procedural due process before terminating ones employment. So first, what is due process?
Due process is system that constitutional guarantee that all legal proceedings must be fair and just.
And that one will be given notice of the proceedings and an opportunity to be heard. In the workplace this
ensures the rights of both the employer and employee. Where to have right of the employer is to discipline
and has authority to dismiss the employee. And to have the right of an employee to a security of occupation,
is respected. Here, the employee also has the right to be informed of his alleged violation and to explain his
side. Now, to fully understand due process, there are two elements.
First is the Substantive Due Process, this simply implies that it provides the ground for disciplinary
action that is corrective or retributive. This requires the intrinsic validity of the law in interfering with the
rights of the person to life, liberty or property. With substantive due process, government action is required
for there to be a cause of action.
Second is the Procedural Due Process. Procedural Due Process is law which hears before it condemns.
Unlike substantive due process, procedural due process cases do not focus on whether a liberty right or an
economic right is at stake. Any deprivation of life, liberty, or property will be subjected to the same level of
scrutiny, although as we will see if the nature of the right involved does affect the outcome. Thus, this
provides the process on hearing the side of the employee and evaluating all the facts and evidences against
the allegation. In short, if you all know the line innocent until proven guilty. The very purpose of requiring
the employer to observe proper termination process is to give the employee ample opportunity to respond to
the charges against him or to defend himself. What the law require is ample opportunity. By ample
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opportunity we mean that every kind of assistance that management must accord to the employee to enable
him to prepare adequately for his defense including legal representation. This due process involves the two
notice rule or twin notice and hearing.
The first notice is notice to explain. Notice to Explain (NTE) or order to show cause. Where a written
notice is prepared to the employee establishing the ground or grounds for termination, informing the
employee of the charges against him should set out clearly what he is being held liable for, and giving the
employee a reasonable opportunity to explain his side, this is consistent with the requirement that the
employee should be afforded ample opportunity to be heard and not mere opportunity.
After the first notice, a hearing or formal investigation is done. It is where the employee is given a
chance, with the assistance of a counsel only if the employee desires so, to respond to the charge, present his
evidence if there is any or if there is not is to rebut the evidence presented against him. Mainly, this is the time
for the employee to defend himself.
The second notice is notice of decision. If the employee is proven guilty, a written notice of termination
is provided to the employee, indicating that upon due consideration of all circumstances, ground have been
established to justify termination.


Any employer must remember that in a termination for an authorized cause, due process means a
written notice of dismissal to the employee specifying the grounds at least 30 days before the date of
termination. A copy of the notice shall also be furnished the Regional Office of the Department of Labor and
Employment (DOLE) where the employer is located.

But, what happens when the employer failed to observe procedural due process? It will result to any or
the combination of the following that I will further discussed in the preceding topics. But let us run through
them first.
One. Illegal dismissal or suspension. By illegal dismissal we mean is wrongful termination or discharge
of the employee. And suspension as I have discussed earlier is a when the employee is not allowed to work for
a period of time but here it could lead to the suspension of the firm itself.
Two. Illegal dismissal will lead to reinstatement and payment of back wages. Where reinstate means to
restore the employees former position and payment of back wages.
Three. Illegal suspension will lead to payment of lost wage. Here, unpaid suspension will lead the
employer to pay back the employee for the lost wage.


Grounds for an Employee to Question the Dismissal
Every employee has the right to question his dismissal. An employee may question his dismissal, but
must be based on substantive or procedural grounds.

The substantive aspect pertains to the absence of a just or authorized cause supporting the dismissal.
Meaning if the employee doesnt find any evidence or just cause to support his termination, he may question
the dismissal.
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The procedural aspect on the other hand refers to the notice of termination or the opportunity to
present an explanation. Here, if the employee did not have an opportunity to explain his side and if he wasnt
given any notice for termination, he may question the dismissal.

Rights Afforded to an Unjustly Dismissed Employee
Now if the employee has notice that his grounds for dismissal are questionable and has proven that he
was dismissed without just cause, he is entitled of the following rights.

One. Reinstatement without loss of seniority rights, by seniority we mean the length of time the
employee has worked for an organization, or separation pay if reinstatement is not possible. Separation pay is
not granted to those terminated fir just cause, but if it is a wrongful dismissal, the employee is granted a
separation pay.
Two. The employer to give full back wages, inclusive allowances and other benefits, or their monetary
equivalent from the time compensation was withheld from him up to the time of reinstatement.
Three. Damages and attorneys fees if the dismissal is done in bad faith will be reimbursed by the
employer to the employee.
Four. Reinstatement, as Ive said a while ago is where the restoration of the employee to the position
from which he was wrongfully terminated. Here, reinstatement without the loss of seniority rights simply
means that the employee, should be treated in matters involving seniority and continuity of employment as
though he has not been dismissed from work. Once, the employee is reinstated, still with his seniority rights,
he must be treated as if nothing has happened. And if there is a labor mediator involved, and the mediator or
arbiter rules for an illegal dismissal, reinstatement is immediately enforced even with pending appeal.
Five. Full back wages. Full back wages is a form of penalty imposed by law on an employer who illegally
dismisses his employee. Full back wages refer to all compensations of the employee, including allowances and
other benefits with monetary equivalent, that should have been granted or collected by the employee but the
employee was wrongfully dismissed. This will be all the wages he could have earned from the date of
termination to the time of reinstatement.

And that is all for Chapter 12: Employee Relations and Employee Discipline.